[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57078-57081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18029]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-851]


Tin Mill Products From Germany: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Critical Circumstances Determination, Postponement of Final 
Determination, and Extension of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that tin mill products from Germany are being, or are likely 
to be, sold in the United States at less than fair value (LTFV). The 
period of investigation is January 1, 2022, through December 31, 2022. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable August 22, 2023.

FOR FURTHER INFORMATION CONTACT: George McMahon or Carolyn Adie, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1167 and (202) 482-6250, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this LTFV investigation on 
February 14, 2023.\1\ On May 31, 2023, Commerce postponed the 
preliminary determination of this investigation, and the revised 
deadline is now August 16, 2023.\2\ For a complete description of the 
events that followed the initiation of this investigation, see

[[Page 57079]]

the Preliminary Decision Memorandum.\3\ A list of topics included in 
the Preliminary Decision Memorandum is included as Appendix II to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Tin Mill Products from Canada, the People's Republic of 
China, Germany, the Netherlands, the Republic of Korea, Taiwan, the 
Republic of Turkey, and the United Kingdom: Initiation of Less-Than-
Fair-Value Investigations, 88 FR 9481 (February 14, 2023) 
(Initiation Notice).
    \2\ See Tin Mill Products from Canada, the People's Republic of 
China, Germany, the Netherlands, the Republic of Korea, Taiwan, the 
Republic of Turkey, and the United Kingdom: Postponement of 
Preliminary Determinations in the Less-Than-Fair-Value 
Investigations, 88 FR 34827 (May 31, 2023).
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Preliminary Negative Determination of Critical Circumstances in the 
Investigation of Tin Mill Products from Germany,'' dated 
concurrently with, and hereby adopted by this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are tin mill products 
from Germany. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ in 
the Initiation Notice Commerce set aside a period of time for parties 
to raise issues regarding product coverage (i.e., scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice. For a summary of the product 
coverage comments and rebuttal responses submitted to the record for 
this investigation and accompanying discussion and analysis of all 
comments timely received, see the Preliminary Scope Decision 
Memorandum.\6\ As discussed in the Preliminary Scope Decision 
Memorandum, Commerce preliminarily did not modify the scope language as 
it appeared in the Initiation Notice. In the Preliminary Scope Decision 
Memorandum, Commerce established the deadline for parties to submit 
scope case and rebuttal briefs.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 88 FR at 9482.
    \6\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated concurrently with this notice (Preliminary Scope Decision 
Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export prices in accordance 
with section 772(a) of the Act and constructed export prices in 
accordance with section 772(b) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
Commerce preliminarily determines that critical circumstances do not 
exist for thyssenkrupp Rasselstein GmbH (TKR) and all other Germany 
producers and exporters. For a full description of the methodology and 
results of Commerce's critical circumstances analysis, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins, and any margins determined entirely under section 776 
of the Act. Commerce calculated an individual estimated weighted-
average dumping margin for TKR, the only individually examined 
exporter/producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for TKR is the margin assigned to all other producers 
and exporters, pursuant to section 735(c)(5)(A) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
thyssenkrupp Rasselstein GmbH...............................        7.02
All Others..................................................        7.02
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of all entries of tin mill products from Germany as described in 
Appendix I, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rate for the respondent 
listed in the table above is the company-specific cash deposit rate 
listed for the respondent in the table; (2) if the exporter is not a 
respondent identified in the table above, but the producer is, then the 
cash deposit rate will be equal to the company-specific estimated 
weighted-average dumping margin established for that producer of the 
subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than seven days after the date on which the last verification 
report is issued in this investigation. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than seven days 
after the deadline date for case briefs.\7\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\8\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this investigation are encouraged to 
submit with each argument: (1) a statement of the issue;

[[Page 57080]]

(2) a brief summary of the argument; and (3) a table of authorities.
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice in the Federal Register. 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a time and date to be determined. Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination in the Federal Register 
if, in the event of an affirmative preliminary determination, a request 
for such postponement is made by exporters who account for a 
significant proportion of exports of the subject merchandise, or in the 
event of a negative preliminary determination, a request for such 
postponement is made by the petitioner. Section 351.210(e)(2) of 
Commerce's regulations requires that a request by an exporter for 
postponement of the final determination be accompanied by a request for 
extension of provisional measures from a four-month period to a period 
not more than six months in duration.
    On July 25, 2023, pursuant to 19 CFR 351.210(e), thyssenkrupp 
Rasselstein GmbH requested that, contingent upon an affirmative 
preliminary determination of sales at LTFV, Commerce postpone the final 
determination in this investigation up to 135 days after publication of 
this notice and that provisional measures be extended to a period not 
to exceed six months.\9\ In accordance with section 735(a)(2)(A) of the 
Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary 
determination is affirmative; (2) the requesting exporter accounts for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, Commerce is postponing the 
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly, 
Commerce will make its final determination no later than 135 days after 
the date of publication of this preliminary determination in the 
Federal Register, pursuant to section 735(a)(2) of the Act.\10\
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    \9\ See TKR's Letter, ``Request to Extend Final Determination,'' 
dated July 25, 2023.
    \10\ See 19 CFR 351.210(e).
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If Commerce's final determination is affirmative, the 
ITC will determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports of tin mill products from Germany are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: August 16, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products within the scope of the investigation are tin mill 
flat-rolled products that are coated or plated with tin, chromium, 
or chromium oxides. Flat-rolled steel products coated with tin are 
known as tinplate. Flat-rolled steel products coated with chromium 
or chromium oxides are known as tin-free steel or electrolytic 
chromium-coated steel. The scope includes all the noted tin mill 
products regardless of thickness, width, form (in coils or cut 
sheets), coating type (electrolytic or otherwise), edge (trimmed, 
untrimmed or further processed, such as scroll cut), coating 
thickness, surface finish, temper, coating metal (tin, chromium, 
chromium oxide), reduction (single- or double-reduced), and whether 
or not coated with a plastic material.
    All products that meet the written physical description are 
within the scope of the investigation unless specifically excluded. 
The following products are outside and/or specifically excluded from 
the scope of the investigation:
    <bullet> Single reduced electrolytically chromium coated steel 
with a thickness 0.238 mm (85 pound base box) (<plus-minus>10%) or 
0.251 mm (90 pound base box) (<plus-minus>10%) or 0.255 mm (<plus-
minus>10%) with 770 mm (minimum width) (<plus-minus>1.588 mm) by 900 
mm (maximum length if sheared) sheet size or 30.6875 inches (minimum 
width) (<plus-minus>\1/16\ inch) and 35.4 inches (maximum length if 
sheared) sheet size; with type MR or higher (per ASTM) A623 steel 
chemistry; batch annealed at T2 \1/2\ anneal temper, with a yield 
strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile strength 
of 43 to 58 kpsi (296 to 400 Mpa); with a chrome coating restricted 
to 32 to 150 mg/m\2\; with a chrome oxide coating restricted to 6 to 
25 mg/m\2\ with a modified 7B ground roll finish or blasted roll 
finish; with roughness average (Ra) 0.10 to 0.35 micrometers, 
measured with a stylus instrument with a stylus radius of 2 to 5 
microns, a trace length of 5.6 mm, and a cut-off of 0.8 mm, and the 
measurement traces shall be made perpendicular to the rolling 
direction; with an oil level of 0.17 to 0.37 grams/base box as type 
BSO, or 2.5 to 5.5 mg/m\2\ as type DOS, or 3.5 to 6.5 mg/m\2\ as 
type ATBC; with electrical conductivity of static probe voltage drop 
of 0.46 volts drop maximum, and with electrical conductivity 
degradation to 0.70 volts drop maximum after stoving (heating to 400 
degrees F for 100 minutes followed by a cool to room temperature).
    <bullet> Single reduced electrolytically chromium- or tin-coated 
steel in the gauges of 0.0040 inch nominal, 0.0045 inch nominal, 
0.0050 inch nominal, 0.0061 inch nominal (55 pound base box weight), 
0.0066 inch nominal (60 pound base box weight), and 0.0072 inch 
nominal (65 pound base box weight), regardless of width, temper, 
finish, coating or other properties.
    <bullet> Single reduced electrolytically chromium coated steel 
in the gauge of 0.024 inch, with widths of 27.0 inches or 31.5 
inches, and with T-1 temper properties.
    <bullet> Single reduced electrolytically chromium coated steel, 
with a chemical composition of 0.005% max carbon, 0.030% max 
silicon, 0.25% max manganese, 0.025% max phosphorous, 0.025% max 
sulfur 0.070% max aluminum, and the balance iron, with a metallic 
chromium layer of 70-130 mg/m\2\, with a chromium oxide layer of 5-
30 mg/m\2\, with a tensile strength of 260-440 N/mm\2\, with an 
elongation of 28-48%, with a hardness (HR-30T) of 40-58, with a 
surface roughness of 0.5-1.5 microns Ra, with magnetic properties of 
Bm (kg) 10.0 minimum, Br (kg) 8.0 minimum, Hc (Oe) 2.5-3.8, and MU 
1400 minimum, as measured with a Riken Denshi DC magnetic 
characteristic measuring machine, Model BHU-60.
    <bullet> Bright finish tin-coated sheet with a thickness equal 
to or exceeding 0.0299 inch, coated to thickness of \3/4\ pound 
(0.000045 inch) and 1 pound (0.00006 inch).
    <bullet> Electrolytically chromium coated steel having ultra 
flat shape defined as oil can maximum depth of \5/64\ inch (2.0 mm) 
and edge wave maximum of \5/64\ inch (2.0 mm) and no wave to 
penetrate more than 2.0 inches (51.0 mm) from the strip edge and 
coilset or curling requirements of average maximum of \5/64\ inch 
(2.0 mm) (based on six readings, three across each cut edge of a 24 
inches (61 cm) long sample with no single reading exceeding \4/32\ 
inch (3.2 mm) and no more than two readings at \4/32\ inch (3.2 mm)) 
and (for 85 pound base box item only: crossbuckle maximums of 0.001 
inch (0.0025

[[Page 57081]]

mm) average having no reading above 0.005 inch (0.127 mm)), with a 
camber maximum of \1/4\ inch (6.3 mm) per 20 feet (6.1 meters), 
capable of being bent 120 degrees on a 0.002 inch radius without 
cracking, with a chromium coating weight of metallic chromium at 100 
mg/m\2\ and chromium oxide of 10 mg/m\2\, with a chemistry of 0.13% 
maximum carbon, 0.60% maximum manganese, 0.15% maximum silicon, 
0.20% maximum copper, 0.04% maximum phosphorous, 0.05% maximum 
sulfur, and 0.20% maximum aluminum, with a surface finish of Stone 
Finish 7C, with a DOS-A oil at an aim level of 2 mg/square meter, 
with not more than 15 inclusions/foreign matter in 15 feet (4.6 
meters) (with inclusions not to exceed \1/32\ inch (0.8 mm) in width 
and \3/64\ inch (1.2 mm) in length), with thickness/temper 
combinations of either 60 pound base box (0.0066 inch) double 
reduced CADR8 temper in widths of 25.00 inches, 27.00 inches, 27.50 
inches, 28.00 inches, 28.25 inches, 28.50 inches, 29.50 inches, 
29.75 inches, 30.25 inches, 31.00 inches, 32.75 inches, 33.75 
inches, 35.75 inches, 36.25 inches, 39.00 inches, or 43.00 inches, 
or 85 pound base box (0.0094 inch) single reduced CAT4 temper in 
widths of 25.00 inches, 27.00 inches, 28.00 inches, 30.00 inches, 
33.00 inches, 33.75 inches, 35.75 inches, 36.25 inches, or 43.00 
inches, with width tolerance of \1/8\ inch, with a thickness 
tolerance of 0.0005 inch, with a maximum coil weight of 20,000 
pounds (9071.0 kg), with a minimum coil weight of 18,000 pounds 
(8164.8 kg), with a coil inside diameter of 16 inches (40.64 cm) 
with a steel core, with a coil maximum outside diameter of 59.5 
inches (151.13 cm), with a maximum of one weld (identified with a 
paper flag) per coil, with a surface free of scratches, holes, and 
rust.
    <bullet> Electrolytically tin coated steel having differential 
coating with 1.00 pound/base box equivalent on the heavy side, with 
varied coating equivalents in the lighter side (detailed below), 
with a continuous cast steel chemistry of type MR, with a surface 
finish of type 7B or 7C, with a surface passivation of 0.7 mg/square 
foot of chromium applied as a cathodic dichromate treatment, with 
coil form having restricted oil film weights of 0.3-0.4 grams/base 
box of type DOS-A oil, coil inside diameter ranging from 15.5 to 17 
inches, coil outside diameter of a maximum 64 inches, with a maximum 
coil weight of 25,000 pounds, and with temper/coating/dimension 
combinations of: (1) CAT4 temper, 1.00/.050 pound/base box coating, 
70 pound/base box (0.0077 inch) thickness, and 33.1875 inch ordered 
width; or (2) CAT5 temper, 1.00/0.50 pound/base box coating, 75 
pound/base box (0.0082 inch) thickness, and 34.9375 inch or 34.1875 
inch ordered width; or (3) CAT5 temper, 1.00/0.50 pound/base box 
coating, 107 pound/base box (0.0118 inch) thickness, and 30.5625 
inch or 35.5625 inch ordered width; or (4) CADR8 temper, 1.00/0.50 
pound/base box coating, 85 pound/base box (0.0093 inch) thickness, 
and 35.5625 inch ordered width; or (5) CADR8 temper, 1.00/0.25 
pound/base box coating, 60 pound/base box (0.0066 inch) thickness, 
and 35.9375 inch ordered width; or (6) CADR8 temper, 1.00/0.25 
pound/base box coating, 70 pound/base box (0.0077 inch) thickness, 
and 32.9375 inch, 33.125 inch, or 35.1875 inch ordered width.
    <bullet> Electrolytically tin coated steel having differential 
coating with 1.00 pound/base box equivalent on the heavy side, with 
varied coating equivalents on the lighter side (detailed below), 
with a continuous cast steel chemistry of type MR, with a surface 
finish of type 7B or 7C, with a surface passivation of 0.5 mg/square 
foot of chromium applied as a cathodic dichromate treatment, with 
ultra flat scroll cut sheet form, with CAT5 temper with 1.00/0.10 
pound/base box coating, with a lithograph logo printed in a uniform 
pattern on the 0.10 pound coating side with a clear protective coat, 
with both sides waxed to a level of 15-20 mg/216 sq. inch, with 
ordered dimension combinations of (1) 75 pound/base box (0.0082 
inch) thickness and 34.9375 inch x 31.748 inch scroll cut 
dimensions; or (2) 75 pound/base box (0.0082 inch) thickness and 
34.1875 inch x 29.076 inch scroll cut dimensions; or (3) 107 pound/
base box (0.0118 inch) thickness and 30.5625 inch x 34.125 inch 
scroll cut dimension.
    <bullet> Tin-free steel coated with a metallic chromium layer 
between 100-200 mg/m\2\ and a chromium oxide layer between 5-30 mg/
m\2\; chemical composition of 0.05% maximum carbon, 0.03% maximum 
silicon, 0.60% maximum manganese, 0.02% maximum phosphorous, and 
0.02% maximum sulfur; magnetic flux density (Br) of 10 kg minimum 
and a coercive force (Hc) of 3.8 Oe minimum.
    <bullet> Tin-free steel laminated on one or both sides of the 
surface with a polyester film, consisting of two layers (an 
amorphous layer and an outer crystal layer), that contains no more 
than the indicated amounts of the following environmental hormones: 
1 mg/kg BADGE (BisPhenol--A Di-glycidyl Ether), 1 mg/kg BFDGE 
(BisPhenol--F Di-glycidyl Ether), and 3 mg/kg BPA (BisPhenol--A).
    The merchandise subject to the investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS), under HTSUS subheadings 7210.11.0000, 7210.12.0000, 
7210.50.0020, 7210.50.0090, 7212.10.0000, and 7212.50.0000 if of 
non-alloy steel and under HTSUS subheadings 7225.99.0090, and 
7226.99.0180 if of alloy steel. Although the subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of the investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Affiliation
VI. Discussion of the Methodology
VII. Preliminary Negative Determination of Critical Circumstances
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2023-18029 Filed 8-21-23; 8:45 am]
BILLING CODE 3510-DS-P